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This entry was published on 2014-09-22
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Habeas corpus for child detained by parent
Domestic Relations (DOM) CHAPTER 14, ARTICLE 5
§ 70. Habeas corpus for child detained by parent. (a) Where a minor
child is residing within this state, either parent may apply to the
supreme court for a writ of habeas corpus to have such minor child
brought before such court; and on the return thereof, the court, on due
consideration, may award the natural guardianship, charge and custody of
such child to either parent for such time, under such regulations and
restrictions, and with such provisions and directions, as the case may
require, and may at any time thereafter vacate or modify such order. In
all cases there shall be no prima facie right to the custody of the
child in either parent, but the court shall determine solely what is for
the best interest of the child, and what will best promote its welfare
and happiness, and make award accordingly.

(b) Any order under this section which applies to rights of visitation
with a child remanded or placed in the care of a person, official,
agency or institution pursuant to article ten of the family court act or
pursuant to an instrument approved under section three hundred
fifty-eight-a of the social services law, shall be enforceable pursuant
to the provisions of part eight of article ten of such act, sections
three hundred fifty-eight-a and three hundred eighty-four-a of the
social services law and other applicable provisions of law against any
person or official having care and custody, or temporary care and
custody, of such child.